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NAVY | BCNR | CY2009 | 11164-09
Original file (11164-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DG 20370-5700 —

 

MEH
Docket No. 11164-09
i Mar 10

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD ICO

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) NPC memo 1160 Ser 811/770 of 25 Nov 09
(3) Subject’'s naval record

i. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (3) with this Board
requesting, in effect, that the applicable naval record be corrected
to expunge a 24 month extension and replace it with two 12 month
extensions.

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 1 March
2010 and, pursuant to its regulations, determined that the corrective
action indicated below should be taken on the available evidence of
record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and
policies.

3. The Board, having reviewed all the facts of record pertaining to
Petitioner’s allegations of error and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.

b. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
application has commented to the effect that the request has merit and
warrants favorable action.

CONCLUSION

Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
the existence of an injustice warranting the following corrective
action.
Docket No. 11164-09

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. The 12 month NAVPERS 1070/621 extension agreement, executed

on or about 20 September 2005 (to establish eligibility for an
Enlistment Bonus}, is null and void.

b. The 24 month NAVPERS 1070/621 extension agreement, executed
on or about 31 October 2005 (to establish eligibility for an
Enlistment Bonus), is null and void.

c. On 31 October 2005 he executed a 12 month NAVPERS 1070/621
extension agreement for the Enlistment Bonus Source Rate (EBSR).

d. On 31 October 2005 he executed a 12 month NAVPERS 1070/6221

extension agreement for the Enlistment Bonus for Extended Enlistment
(EBBE).

e. Petitioner currentiy has a 15 month NAVPERS 1070/621
extension agreement, executed on 25 February 2008, to obligate service
for orders.

£. The Enlisted Master File (EMF) should reflect: TOT EXT 0639,
OTH EXT 039, and OP EXT 12.

g. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.

4, It is certified that quorum was present at the Board’s review and
deliberations, and that the foregoing is a true complete record of the
Board’s proceedings in the above entitled matter.

[ible Ae

ROBERT D. ZSALMAN WILLIAM J. HESS,VIITI
Recorder Acting Recorder
Docket No. 11164-09

Be Pursuant to the delegation of authority set out in Section 6(e)
of the revised Procedures of the Board for Correction of Naval Records

(32 Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of the

Navy.

1 March 2010

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